Advocate Vishnu Shankar Jain, representing the Hindu petitioners in the Shringar Gauri-Gyanvapi complex case has revealed that the Muslim side misled the Supreme Court on the scientific survey of the disputed structure called the Gyanvapi mosque which was initiated earlier on Monday. The apex court, on hearing the objections of the Anjuman Intezamia Committee (AIC) against the ASI survey, imposed a stay on the survey till 5 pm on 26th July.
“After hearing both sides, the SC has stayed the district court order till 5 pm on 26th July and has directed the Allahabad High Court to decide the case afresh. We will present our arguments before the Allahabad High Court. But I want to say this that the Muslim side, Anjuman Intezamia misled the Supreme Court and gave the wrong statement that excavation is being held there whereas no such excavation process has begun there,” Jain said while speaking to the media after the SC order.
#WATCH | On Supreme Court's order, Vishnu Shankar Jain, representing the Hindu side in the Gyanvapi mosque case, says "Supreme Court has put a stay on the order of the District Court on survey of the Mosque complex and has asked the Allahabad Court to decide matter afresh. We… pic.twitter.com/bhJdoRrCwf
— ANI (@ANI) July 24, 2023
On Monday, July 24, the Supreme Court of India halted the ongoing Archaeological Survey of India (ASI) survey at the disputed Gyanvapi Mosque structure till 5 PM on 26th July. The matter was mentioned before the apex court by senior advocate Huzefa Ahmadi on behalf of the Gyanvapi Masjid Committee against Varanasi district court’s order directing ASI to conduct a scientific survey at the disputed structure premises, excluding the sealed area where Shivling was found last year.
Advocate Ahmadi while presenting the arguments on behalf of the committee said that the survey team had begun digging at the western wall. “They have already started digging at the western wall, with what responsibility is the SG saying no excavation done”, Advocate Ahmadi reportedly argued.
SG Tushar Mehta confirmed only measurement and photography were being conducted by ASI, and not even a brick was being touched or will be touched in the future. However, Ahmadi kept asking for a stay on the survey.
Ahmadi: This was passed on a Friday at 4pm. They have already started digging at the western wall, with what responsibility is the SG saying no excavation done. I am sorry I do not normally get carried away ..
— Bar & Bench (@barandbench) July 24, 2023
SG: It is okay.
CJI: We will hear tomorrow, not delay. And say no…
The argument was made even as the survey on 24th July only consisted of inspection work.
Meanwhile, senior advocate Hari Shankar Jain also representing the Hindu petitioners said that the order does not mean a stay on the survey itself. He said, “There is no stay on the survey…don’t say it like that. The SC has rather said that breathing time is being granted to them since the order was delivered on Friday so they should get two days’ time till 5 PM of 26th July, Wednesday to approach the High Court. The only difference is that they can challenge, this shouldn’t be seen as a stay (on the survey). Because they have only been granted the right to move HC and till then the order will not be implemented that’s all.”
#WATCH | Hari Shankar Jain, counsel for the Hindu side, after SC stays ASI survey of the Gyanvapi mosque complex till 5pm July 26 says, "This order should not be looked at as a stay on the ASI survey of mosque premises. SC has given the Muslim side chance to approach the High… pic.twitter.com/lsHKlKG2Gs
— ANI (@ANI) July 24, 2023
The senior advocate further said that the order cannot be called wrong. “The survey which was being done in accordance with a court order was right and the order given by the SC is also right. If there is no stay granted by the HC till 5 pm on 26th July then the survey will resume. We will also move High Court,” Hari Shankar Jain said.
